FAIR, New York Sheriffs Urge Court to Pause Albany's Ban on Federal Immigration Partnerships as Emergency Briefing Closes

Sheriffs hold a press conference in Albany as reply papers are filed in Bourgault v. Hochul

WASHINGTON, Sept. 15, 2026 /PRNewswire/ -- Fifteen independently elected New York county sheriffs and the Federation for American Immigration Reform (FAIR) are calling on a federal court to pause enforcement of the State's so-called "Local Cops, Local Crimes Act" while their lawsuit is heard.

The sheriffs spoke in Albany after filing their Reply Brief in support of a preliminary injunction in Bourgault v. Hochul, No. 1:26-cv-1637 (N.D.N.Y.). Emergency briefing on that request is complete, and the Court will now decide whether to hold a hearing or rule on the papers.

What has happened since the sheriffs filed suit makes the request for a pause more urgent. On August 27 (two days after the federal case was filed), New York Attorney General Letitia James sued Rensselaer County Sheriff Kyle Bourgault and the County in state court to force the termination of the county's 287(g) agreement with ICE. Separately, on September 3, a federal judge in Richmond entered a preliminary injunction against a Virginia law that bans 287(g) agreements and federal housing contracts. The ruling out of Virginia will likely impact how the Court addresses preliminary relief in the New York case.

"New York's law does not merely decline to cooperate with immigration enforcement priorities. It actively dismantles existing, congressionally authorized partnerships that sheriffs lawfully entered to protect their communities," said Dale L. Wilcox, executive director and general counsel of FAIR. "Independently elected sheriffs should not be forced by Albany to abandon tools that keep dangerous criminal aliens from walking back onto their streets. This lawsuit seeks to restore the status quo and vindicate the independence of the Office of Sheriff."

"As Sheriff I took an oath of office to protect the residents of Rensselaer County, and part of that effort includes the screening of all remanded to our county jail," said Sheriff Bourgault. "The screening afforded under the 287(g) program helps ensure a person brought to our county jail and wanted elsewhere for serious crimes is not released into the community. No proponent of the new state law has explained how that law makes anyone safer, nor have they justified how tying the hands of local sheriffs helps law enforcement. This is an example of politics being put ahead of public safety and hurting the ability of sheriffs to protect their citizens, which is why I am fighting back. We hope the Court will freeze the status quo so our existing contracts and our jail operations do not change before the case can be heard."

The following individuals appeared today at the press conference: Sheriff Kyle Bourgault (Rensselaer), Sheriff Robert Milby (Wayne), Sheriff Paul Arteta (Orange), Sheriff Don Hilton (Oswego), Sheriff Craig DuMond (Delaware), Sheriff Jeff Brown (Saratoga), Sheriff Rick Engle (St. Lawrence), Sheriff Peter Barnett (Jefferson), Sheriff Richard Giardino (Fulton), Sheriff Jay Cook (Franklin), State Senate Minority Leader Robert Ortt, Sheriff Robert Matarazzo (Nassau), Assembly Member Chris Tague, Rensselaer County Executive Steven McLaughlin, and Angel Mom Rosemarie Gonzalez-Rodriguez.

The case is Bourgault et al. v. Hochul et al., No. 1:26-cv-1637 (N.D.N.Y)

To read the reply brief click here. 

Video of the press conference will be posted on FAIR's X page (@FAIRImmigration) and YouTube channel (https://www.youtube.com/@FAIRImmigration).

To schedule an interview with one of FAIR's spokespersons, please contact Hayley Hill at [email protected].

SOURCE Federation for American Immigration Reform (FAIR)